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MUNOZ-AVILA v. HOLDER

Nos. 10-3203, 11-2645, 12-1594.

716 F.3d 976 (2013)

Fidel MUNOZ-AVILA, also known as Fidel Munoz Avila, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 2013.

Attorney(s) appearing for the Case

Royal F. Berg (submitted), Attorney, Chicago, IL, for Petitioner.

OIL, Attorney, Colin J. Tucker , Trial Attorney, Department of Justice, Washington, DC, for Respondent.

Before ROVNER and HAMILTON, Circuit Judges, and LEFKOW, District Judge.

ROVNER, Circuit Judge.

Fidel Munoz Avila came to the attention of the Department of Homeland Security (DHS) when he filed an application for adjustment of status based on his marriage to a United States citizen. Avila and his wife have been married since 1999, and have two young daughters. He has been employed laying granite countertops since approximately 1997. DHS concluded that Avila was ineligible for adjustment of status based on its determination that he attempted...

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